Legislation Act 2003

Chapter 2 - Registration of Acts, legislative instruments and notifiable instruments  

Part 1 - The Federal Register of Legislation  

Division 2 - Federal Register of Legislation  

SECTION 15D   Federal Register of Legislation - rectification of Register  

15D(1)    
If:


(a) the First Parliamentary Counsel becomes aware that the Register contains an error; and


(b) the error is that:


(i) for an Act as assented to - the text of the Act as it appears in the Register is not the same as the text of the Act as assented to; or

(ii) for a legislative instrument or notifiable instrument as made by the rule-maker - the text of the instrument as it appears in the Register is not the same as the text of the instrument as made by the rule-maker; or

(iii) for a compilation - the compilation as it appears in the Register does not represent the state of the law that it purports to represent; or

(iv) for any other document on the Register - the text of the document as it appears in the Register is not the same as the text of the original document;

the First Parliamentary Counsel must arrange for the error in the Register to be rectified as soon as possible.

Note:

A disallowable legislative instrument may be required to be re-tabled in the Parliament as a result of the rectification (see section 15DA ).


15D(2)    
The First Parliamentary Counsel must include in the Register a statement that the rectification has been made, and a brief outline of the rectification in general terms.

15D(3)    
The rectification:


(a) does not affect any right or privilege that was acquired, or that accrued, because of reliance on the content of the Register before the rectification was made; and


(b) does not impose or increase any obligation or liability that was incurred before the rectification was made.

Rectification does not affect time of registration

15D(4)    
To avoid doubt, the rectification of an error under subsection (1) in relation to an instrument does not affect the time at which the instrument is taken to have been registered.

Note:

For example, subsection (1) does not affect the commencement of an instrument that is expressed to commence on the day after registration.





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